A successful trial attorney testifies to the power of closing statements. In his short article about dos and don'ts, Mark B. Wilson (not to be confused with magician Mark Wilson) mentions the use of magic imagery.

In one case, my office created an animation for closing argument showing the hands of a magician moving shells around a table. One hand uncovered a shell to reveal the word "Covenant," representing the plaintiff's contention my client agreed to a covenant not to compete in a business agreement. Then, the hands move the shells around and uncover the same shell to reveal the words "No Covenant," representing plaintiff's statement on a tax return that my client did not agree to a covenant not to compete. The shell game was powerful.

I can imagine that it was. It sounds simple and memorable, and therefore, powerful. Effective legal magic.

A jury has convicted James Arthur Ray, the sweat lodge guru, of negligent homicide in the deaths of three attendees at his 2009 Spiritual Warrior event in Arizona. The jury found him innocent on the manslaughter charges. The penalty phase of the proceedings begins next week. Mr. Ray could receive up to eleven years in prison. More here from the BBC and ABC News (video).

I'm not entirely certain who wrote Magic Phrases For Admitting Exhibits, but I think it's Elliott Wilcox, the editor of Trial Tips Newsletter. At any rate, the writer uses the "magic words/phrases" analogy quite nicely to explain how to get exhibits entered at trial. He notes that not only should lawyers use the "magic words" but that they recognize that only the judge has the power to admit the evidence. Lawyers should also appear confident that the evidence ought to be admitted.

From blogger Matt McClusker at Deliberations, a post on the settlement between the Psychic Readers Network and the Federal Trade Commission launches musings on whether consultants can really predict jury verdicts. Says Mr. McClusker in part:

In an end to an illustrious career, Miss Cleo and her Psychic Readers Network came to a landmark settlement with the Federal Trade Commission where the company sacrificed $500 million dollars in fees and paid a $5 million fine for deceptive business practices. This result brought three questions to my mind:

A $500 millionsettlement! How much money was Miss Cleo Making? How much did she “psychically predict” a jury would award?

This is just one example in a sea of settlements based on predictions of trial outcomes, I must ask: How accurate are these predictions?

If I wore a turban and spoke in Jamaican accent, could I be a successful psychic litigation consultant? (Seriously. I cannot get over that $500,000,000 figure for a psychic hotline.)

He wonders, if consultants don't work, what about bumper stickers? I wonder about mentalists.

From the Chicago Tribune, via NPR: photographer Chris Sweda's remarkable shot of lightning striking both the Willis Tower and the Trump Tower during Wednesday's thunderstorm. That day, a jury was hearing a tape on which former governor Rod Blagojevich noted that since he could name newly elected President Obama's Senate replacement, he [Blago] might become an Ambassador. Lightning in the courtroom, lightning in the sky? No, no, just the prescience of the Trib's editors, thanks.

The deaths of three people at an Arizona sweat lodge last August were accidental, says a judge after examining autopsy results. James Arthur Ray, who led the event at the lodge, has pled not guilty to manslaughter charges in the deaths of Lizbeth Neuman, James Shore and Kirby Brown. Mr. Ray, who is currently out on bail, is due to go to trial on those charges on August 31.